Professional Documents
Culture Documents
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LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
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ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
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to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
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incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
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ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
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– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21
SPECIFIC IMPLEMENTATION ARRANGEMENT
for the KALAHI-CIDSS Kapangyarihan at Kaunlaran sa Barangay
Community-Driven Development Program (KC KKB-CDD)
– and –
– and –
LEGAL BASES
ARTICLE I
DEFINITION OF TERMS
e. Grant - refers to the funds from the Government of the Philippines (GOP),
through the DSWD, released to the Barangay for implementation of the
approved sub-project.
ARTICLE II
ROLES AND RESPONSIBILITIES OF THE PARTIES
a. Authorize the transfer of Grant funds from the Land Bank of the
Philippines (LBP) to the Barangay Trust Fund account in the local LBP
Branch;
c. Ensure the active involvement of the MLGOO and the Municipal Health
Officer (MHO) in the implementation of the KC KKB-CDD;
1. Salaries of the MCT staff that will implement the Program at the
Municipal and Barangay levels;
2. Monitoring and evaluation activities of the LGU staff and other M&E
conferences conducted at the municipal level;
4. LGU plans and activities to assess the state of competency of LGU staff,
and address competency gaps.
5. Opening of Municipal Trust Funds where all municipal cash
contributions for sub-projects (where applicable) and Capability-
Building and Implementation Support activities shall be deposited,
Page 5 of 21
under the agreed delivery timetable indicated in the approved LCC
delivery plan.
4. Subject the Municipal and Barangay GAD plans and the prioritization
of GAD-funded projects to participatory review and assessment of
gender responsiveness, and to possible enhancement;
g. Uphold and preserve the integrity of the KC KKB - CDD procurement and
fiduciary processes:
iii. If any, a copy of the Official Receipt issued by the DSWD for the
refund of the unexpended balance.
Page 8 of 21
e. Update the DSWD on the results of the conducted Sustainability
Evaluation.
a. Receive the Grant funds transferred to its Barangay Trust Fund account
at the Land Bank of the Philippines from the DSWD;
b. Carry out the Sub-Project with due diligence and efficiency in accordance
with sound technical, managerial, social, and environmental standards
and practices, and maintain adequate records;
d. Opens to the Program for inspection and audit of all goods, sites, works,
plans and construction, operations, and relevant records and documents
of the sub-project;
g. Safeguard all properties and resources of the Sub-Project. In line with this,
the Barangay through the BDC-TWG shall keep custody and preserve all
materials and equipment of the Sub-Project in a secure shed or structure
under the care of a materials and equipment custodian from the
community; and
ARTICLE III
PROGRAM AND FINANCIAL MANAGEMENT
Section 3.1. The Sub-Project fund, whether from the Grant or equity
contribution of the Municipality, Barangay or the community members shall be
administered in accordance with the financial management system under the
Barangay LGU;
Section 3.2. The Barangay Council through a Resolution shall authorize the
Barangay Captain and the Barangay Treasurer to open a Barangay Trust
Account with the nearest LBP branch bank in the locality;
Section 3.3. The DSWD shall release the KALAHI-CIDSS KKB-CDD Grant
Funds to the Barangay’s Trust Account under the following schedule and
requirements:
i. Letter Request for the release of the first tranche signed by the
Punong Barangay, and duly endorsed by the Regional Director or
authorized representatives;
Page 9 of 21
ii. Signed and Notarized Specific Implementation Agreement (SIA)
between the Department of Social Welfare and Development
(DSWD), Municipal Local Government Unit (the Municipality),
and Barangay Local Government Unit (the Barangay);
Page 10 of 21
xi. Barangay Council Resolutions authorizing Barangay Captain
and Barangay Treasurer to open a Barangay Trust Fund account
in the nearest LBP
Page 12 of 21
ii. Journal Entry Voucher prepared to record receipt of first tranche
and Authenticated bank credit advice as proof of receipt of funds;
xi. Received Application for Annotation (if applicable, e.g. SPs that
utilized private lots) or Barangay Resolution stating that the
Barangay will undertake the Annotation and allotting funds for
the processing.
Section 3.4. Once the physical progress requirement is reached, and the Grant
fund balance is 20% or less, the Treasurer shall prepare and submit the
documentary requirements for the Final Tranche. The required physical progress
for the release of the Final Tranche shall be at least 70%.
Section 3.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 3.6. The Barangay, through the Barangay Treasurer, shall submit to
the MDC through the Area Coordinator, a Certificate of Deposit or photocopy of
the validated passbook entry of deposit to cover cash contribution from their
Development Fund, or Certificate of Availability of Labor, Equipment or
Page 13 of 21
Materials, or other contributions in kind, in accordance with their commitment
during the selection of sub-projects. Copies of these certifications shall be
attached as an integral part of this Agreement;
Section 3.7. The Barangay shall deposit any cash contribution from the
Municipality or Barangay Councils or community members to the Barangay
Trust Account.
Section 3.8. If the Sub-Project generates income, the Barangay shall open a
separate bank account for the sub-project income and shall not be mixed with
the Grant received;
Section 3.10. The Grant component of the Sub-Project budget duly approved by
the MDC-PRA is not subject to change. If there are savings realized in
implementing the Sub-Project, the Barangay shall draw up a plan for the
utilization of the savings to be approved by the Barangay Assembly in a meeting
held for that purpose. Savings can be used for the expansion of the same sub-
project or other community development projects not included in the negative
list of KALAHI-CIDSS KKB CDD. For savings to be used for other community
development projects, the plan approved by Barangay Assembly shall be
submitted to the MDC-PRA for review and concurrence to ensure that it is within
the Guidelines of KALAHI-CIDSS KKB CDD; and
Section 3.11. Cost overruns shall be covered through the augmentation of local
counterpart contributions.
Section 3.12. After the Sub-Project is completed and funds have been fully
utilized, shall close the Barangay Trust Fund Account, secure a bank
certification from the LBP, and submit the same to DSW-RPMO;
Section 3.13. Recognize the cost of the completed sub-project in the Barangay
books upon turnover through the Municipal Accountant, all relevant documents
necessary for the recognition of the sub-project shall be provided by the
Barangay through the Barangay Treasurer to the Municipal Accountant
ARTICLE IV
DELAY
Section 4.1. The Barangay agrees to commence the sub-project within ten (10)
days upon approval of this Specific Implementation Agreement and receipt of
funds and to complete the sub-project as indicated in the Sub-Project Work
Schedule, herein attached as integral part of the sub-project documents;
Section 4.2. In the event that the schedule stipulated in this Agreement is
delayed, the Barangay shall submit a written explanation and a catch-up plan
included in the Physical Progress Report to DSWD-S/RPMO and the MIAC. The
DSWD-S/RPMO and the MIAC shall assess the validity of the grounds for the
delay. The Catch-up Plan shall be closely monitored by the DSWD and the MIAC;
Section 4.3. Should the barangay default to undertake certain activity/ies due
to lack of materials and/or pertinent equipment support, and other similar
reasons, the DSWD-RPMO and ACT shall provide technical assistance through
its designated Regional Procurement Officer;
Page 14 of 21
Section 4.4. The final project cost and corresponding adjustment shall be
effected after cost reconciliation between the amounts indicated in the Sub-
Project Concept Form and the Sub-Project Completion Report;
Section 4.5. In the event that the amount released in the First Tranche has not
been fully utilized and the required 30% Physical Accomplishment has not been
achieved and will not likely be achieved after the lapse of three (3) months, and
the cause of delay is other than fortuitous events, the Program, through the
DSWD-RPMO will initiate the recall of the remaining unutilized balance based
on the guidelines issued for the purpose.
Section 4.6. Should there be remaining activities on or before the closing date
of the KC KKB-CDD, the Municipality and/or Barangay shall complete the same
using its/their funds to ensure the functionality of the subproject.
Section 4.7. Any delay encountered by the LGU with conditions that do not
constitute force majeure and which impede or are likely to impede the timely
performance of the AGREEMENT, the LGU will immediately notify the DSWD in
writing with full particulars of the delay, including its likely duration, and its
cause.
Section 4.8. Upon receipt of notice of any decision by the DSWD to suspend the
MOA, the LGU will take immediate steps to reduce expenses to a minimum and
not undertake any further obligations.
Section 4.9. Upon finding that the LGU failed to adequately justify or explain
their non-performance or violation of the provisions of the AGREEMENT, the
DSWD shall issue a suspension order terminating the AGREEMENT in whole or
in part.
ARTICLE V
WARRANTIES
a. It has the right, power, and authority to enter into this Agreement and to
fully perform its obligations hereunder;
b. It shall comply with its privacy policy and shall not engage in any fraud or
any deceptive, misleading unethical or unfair competition practices; It
shall not act in any manner which conflicts or interferes with any existing
material commitment or obligation of such Party’s performance of its
material obligations under this Agreement; and
ARTICLE VI
RESERVATION
Section 6.1. The DSWD reserves the right to suspend Program implementation
for grievances relating to non-compliance or violation by the Barangay, and/or
the Municipality of any provision of the MOA, AGREEMENT or any other DSWD
memorandums, circulars and other legal issuances.
Page 15 of 21
Section 6.2. The DSWD may withhold further release of funds for any project
implementation in the event that the Barangay and/or Municipality fails to
submit any of the required documentation or liquidation reports as provided for
by the AGREEMENT and DSWD M.C. No. 9 series of 2023, except in force
majeure. The term “force majeure” shall mean events that can be attributed to
causes specified hereunder:
Section 6.3. The DSWD reserves the right to, at its sole discretion, conduct a
review, audit investigation, or any other activity requiring access to such records
and/or the LGU’s personnel during the term of the AGREEMENT or thereafter.
The LGU will grant to any such person, during business hours, free access to all
workplaces, and will make available at any time all records and documents,
including supporting documents, to make copies thereof, for expenditures that
have been incurred for the execution of the work.
ARTICLE VII
ANTI-GRAFT AND CORRUPTION PRACTICES ACT
Section 7.1. The Parties shall not in any way unduly benefit from the MOA and
this AGREEMENT, and shall at all times adhere to the provisions of R.A. 3019,
also known as the “Anti-Graft and Corruption Practices Act”.
ARTICLE VIII
AMENDMENT/REVISION
ARTICLE IX
SETTLEMENT OF DISPUTES
Section 9.1. If any dispute or difference of any kind whatsoever shall arise
between the Parties in connection with the implementation or interpretation of
this contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation. In case of dispute, alternative modes of
resolving the same through mediation, re-negotiation, dialogue, or similar means
may be resorted to.
Section 9.5. Any dispute concerning any question arising under this
AGREEMENT that is not disposed of by AGREEMENT between the Parties or
through the local conflict resolution process shall be decided by the DSWD,
which shall furnish the parties a written copy of the decision.
Section 9.6. Should the GRS fail to resolve the complaint, the same shall be
brought to the attention of the DSWD Grievance Committee, which shall review
and investigate the complaint. The Grievance Committee shall then submit its
recommendation to the DSWD-RPMO which shall issue an order imposing the
sanction or dismissing the complaint with finality. In the case of administrative
cases, the cases shall be referred by DSWD to the proper authority which has
disciplinary jurisdiction over the matter.
Section 9.7. Accordingly, the parties may resort to court action only after all
efforts to settle the disputes amicably have been exhausted.
ARTICLE X
PENALTIES
The concerned Party as of the date of the notice shall be relieved from liability
for its failure to carry out, in whole or in part, its obligations. In such an event,
either Party may terminate this AGREEMENT by giving a receipt of notice of
termination. The concerned Party shall take immediate steps to bring the work
Page 17 of 21
to a close in a prompt and orderly manner and shall refrain from incurring
further expenditures in connection with the DSWD.
ARTICLE XI
TERMINATION
Section 11.1. The DSWD may terminate the MOA and the AGREEMENT in
whole or in part on the following grounds:
c. The LGU substantially fails to perform any of its obligations under the
AGREEMENT.
d. The DSWD does not receive the necessary funds to cover the total value of
the AGREEMENT.
Section 11.2. The LGU may terminate the MOA and the AGREEMENT in whole
or in part on the following grounds:
a. Failure of the DSWD to provide the allocations agreed upon the execution
of the MOA.
b. Failure of the DSWD to distribute the allocated funds agreed upon the
execution of the MOA.
Section 11.3. The Barangay and/or Municipality may request the termination
of the MOA and the AGREEMENT with or without cause and disengagement from
the KC KKB-CDD Project thirty (30) days upon written notice to the other parties
specifying the reasons for the disengagement. The process of termination and
disengagement shall follow the process defined in DSWD M.C. No. 9 series of
2023. Termination of the KC KKB-CDD Project will not automatically entail
termination of the KALAHI-CIDSS Project in the Municipality.
Section 11.4. In the event that the Municipality fails to complete the approved
subprojects by 2024, the Municipality shall be constrained to shoulder all the
corresponding costs required to complete implementation of the Sub-Projects.
Section 11.5. The DSWD may, based on the failure of the LGU to comply with
the terms and conditions of the AGREEMENT, or in the event that the LGU
Page 18 of 21
incurs unreasonable delay, inaction or break of obligation under the
AGREEMENT, issue a notice of intent to terminate the AGREEMENT.
Section 11.6. The Notice of Intent to Terminate shall require the LGU to show
cause on why the AGREEMENT should not be suspended and/or terminated.
Section 11.8. The Termination of the Agreement in part by either of the Parties
does not affect the parts of the Agreement which were not terminated.
ARTICLE XII
DISSOLUTION AND WINDING UP
Section 12.1. Upon the decision of either or both parties for the termination of
the AGREEMENT whether by the lapse of effectivity, revocation or termination,
both parties shall prepare to dissolve and wind up.
Section 12.2. The LGU shall furnish the DSWD a complete accounting and
rendering on the disbursement of funds, the status of the sub-project
implemented, the balance of unutilized funds and a report on the Sub-Project
and all other documents required by DSWD M.C. No. 9 series of 2023.
Section 12.3. Only after the conclusion of the Sustainability Evaluation Test as
provided in DSWD MC. No. 9 series of 2023 is the sub-project considered
complete and the Municipality and Barangay are discharged from all obligations,
responsibilities and liabilities arising from the AGREEMENT forthwith.
Section 12.5. After compliance with the above mentioned provisions will the
MOA and AGREEMENT be considered terminated and all rights and obligations
arising therefrom shall be extinguished.
ARTICLE XIII
SEPARABILITY CLAUSE
Section 13.1. In the event that one or more provisions contained herein shall
be held invalid, illegal or unenforceable in any respect and for any reason by a
declaration of a competent court or authority, the remaining provisions of the
AGREEMENT shall remain valid, legal and enforceable and binding between the
parties, their successors, and assignees.
ARTICLE XIV
EFFECTIVITY AND PERIOD OF AGREEMENT
Section 14.1. This AGREEMENT shall take effect upon signing hereof by the
Parties and shall remain valid and effective until the completion of the Sub-
Project or the effectivity of the MOA, whichever is earlier.
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 15.2. Any change in the composition of the Management of both parties
during the effectivity of this Agreement shall not in any way suspend or terminate
the herein provisions unless for cause and upon mutual consent in writing of
both parties.
Section 15.3. The DSWD will retain all records, including financial documents
related to or arising from the implementation of the AGREEMENT during the
execution of AGREEMENT and thereafter for a period of not less than ten (10)
years from the termination or the expiration of the AGREEMENT.
Section 15.4. In the performance of their duties, both Parties shall conduct
themselves in accordance with the highest ethical standards as stated in R.A.
6713, known as the “Code of Conduct and Ethical Standards for Public Officials
and Employees” and its Implementing Rules and Regulations.
IN WITNESS THEREOF, the Parties have set their hands this _____ day of _____
2024.
LUCIA S. ALAN
Regional Director HON. HILARIO G. PAGAUITAN
Municipal Mayor
Page 20 of 21
ACKNOWLEDGEMENT
both known to me and to me known to be the same persons who executed the
foregoing instruments consisting of ____ pages, including this page where the
acknowledgment appears, signed by the parties and their instrumental
witnesses on this page and on the left hand margin of each and every page
thereof and they acknowledge to me that the same is their free and voluntary
act and deed as well as the corporations they represent.
Page 2 of 21